Wilson et al v. C. R. Bard, Inc.
| Jimmy Wilson and Wanda Wilson |
| C. R. Bard, Inc. |
| 5:2019cv00567 |
| December 17, 2019 |
| US District Court for the Eastern District of North Carolina |
| James C Dever |
| Richard E Myers |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 101 Notice of Special Appearance for non-district by Kristin H. Agnew on behalf of C. R. Bard, Inc.. (Agnew, Kristin) |
| Filing 100 Notice of Appearance filed by Kristin H. Agnew on behalf of C. R. Bard, Inc.. (Agnew, Kristin) |
| Filing 99 Notice of Special Appearance for non-district by Joseph P. Griffith on behalf of C. R. Bard, Inc.. (Griffith, Joseph) |
| Filing 98 Financial Disclosure Statement by C. R. Bard, Inc. identifying Corporate Parent Becton, Dickinson and Company for C. R. Bard, Inc.. (Mize, Leslie) |
| Filing 97 Financial Disclosure Statement by Jimmy Wilson, Wanda Wilson (Faes, Andrew) (Main Document 97 flattened and replaced on 1/22/2020) (Edwards, S.). |
| Filing 96 Notice of Special Appearance for non-district by Andrew N. Faes on behalf of Jimmy Wilson, Wanda Wilson. (Faes, Andrew) |
| Notice to Counsel regarding: #96 Notice of Special Appearance, #97 Financial Disclosure Statement. Counsel is reminded that all future pleadings should reflect the revised case number of 5:19-CV-567-M. No need to refile anything at this time. (Edwards, S.) |
| Notice to Counsel regarding: #97 Financial Disclosure Statement. Counsel is reminded that the court prefers flattened pdf fillable forms. Counsel should "flatten" the document prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed. (Edwards, S.) |
| Motions Submitted to District Judge Richard E. Myers II regarding #47 MOTION by Wanda Wilson to Exclude Certain Opinions and Testimony of Defense Expert Matthew Clark, M.D.., #49 MOTION by C. R. Bard, Inc. to Strike #44 CERTIFICATE OF SERVICE by Jimmy Wilson, Wanda Wilson for Supplemental Expert Report of Michael Thomas Margolis, M.D., #45 MOTION by C. R. Bard, Inc. for Summary Judgment, #51 MOTION by C. R. Bard, Inc. to Limit or Exclude Certain Opinions and Testimony of Michael T. Margolis, M.D.. (Edwards, S.) |
| Motions No Longer Submitted to District Judge James C. Dever III: regarding #47 MOTION by Wanda Wilson to Exclude Certain Opinions and Testimony of Defense Expert Matthew Clark, M.D.., #49 MOTION by C. R. Bard, Inc. to Strike #44 CERTIFICATE OF SERVICE by Jimmy Wilson, Wanda Wilson for Supplemental Expert Report of Michael Thomas Margolis, M.D., #45 MOTION by C. R. Bard, Inc. for Summary Judgment, #51 MOTION by C. R. Bard, Inc. to Limit or Exclude Certain Opinions and Testimony of Michael T. Margolis, M.D. (Edwards, S.) |
| Filing 95 TEXT ORDER REASSIGNING CASE. At the direction of the Court, this Case is reassigned to District Judge Richard E. Myers, II for all further proceedings. District Judge James C. Dever, III is no longer assigned to case All future filings shall reflect the revised case number of 5:19-CV-567-M. Signed by Peter A. Moore, Jr., Clerk of Court on 1/16/2020. (Moore, P. ) |
| Filing 94 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 Part 23 MDL Daubert Docs, #2 Exhibit Ex. 2 Part 23 MDL Daubert Docs) (Mize, Leslie) |
| Filing 93 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 Part 22 MDL Daubert Docs, #2 Exhibit Ex. 2 Part 22 MDL Daubert Docs) (Mize, Leslie) |
| Filing 92 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 Part 21 MDL Daubert Docs, #2 Exhibit Ex. 2 Part 21 MDL Daubert Docs) (Mize, Leslie) |
| Filing 91 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 Part 20 MDL Daubert Docs, #2 Exhibit Ex. 2 Part 20 MDL Daubert Docs) (Mize, Leslie) |
| Filing 90 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 Part 19 MDL Daubert Docs, #2 Exhibit Ex. 2 Part 19 MDL Daubert Docs) (Mize, Leslie) |
| Filing 89 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 Part 18 MDL Daubert Docs, #2 Exhibit Ex. 2 Part 18 MDL Daubert Docs) (Mize, Leslie) |
| Filing 88 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 Part 17 MDL Daubert Docs, #2 Exhibit Ex. 2 Part 17 MDL Daubert Docs) (Mize, Leslie) |
| Filing 87 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 Part 16 MDL Daubert Docs, #2 Exhibit Ex. 2 Part 16 MDL Daubert Docs) (Mize, Leslie) |
| Filing 86 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 Part 15 MDL Daubert Docs, #2 Exhibit Ex. 2 Part 15 MDL Daubert Docs) (Mize, Leslie) |
| Filing 85 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 Part 14 MDL Daubert Docs) (Mize, Leslie) |
| Filing 84 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 Part 13 MDL Daubert Docs, #2 Exhibit Ex. 2 Part 13 MDL Daubert Docs) (Mize, Leslie) |
| Filing 83 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 Part 12 MDL Daubert Docs, #2 Exhibit Ex. 2 Part 12 MDL Daubert Docs) (Mize, Leslie) |
| Filing 82 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 Part 11 MDL Daubert Docs, #2 Exhibit Ex. 2 Part 11 MDL Daubert Docs) (Mize, Leslie) |
| Filing 81 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 Part 10 MDL Daubert Docs, #2 Exhibit Ex. 2 Part 10 MDL Daubert Docs) (Mize, Leslie) |
| Filing 80 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 Part 9 MDL Daubert Docs, #2 Exhibit Ex. 2 Part 9 MDL Daubert Docs) (Mize, Leslie) |
| Filing 79 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 Part 8 MDL Daubert Docs, #2 Exhibit Ex. 2 Part 8 MDL Daubert Docs) (Mize, Leslie) |
| Filing 78 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 Part 7 MDL Daubert Docs) (Mize, Leslie) |
| Filing 77 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 Part 6 MDL Daubert Docs) (Mize, Leslie) |
| Filing 76 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 of Part 5 MDL Daubert Docs) (Mize, Leslie) |
| Filing 75 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 Part 4 MDL Daubert Docs, #2 Exhibit Ex. 2 of Part 4 MDL Daubert Docs) (Mize, Leslie) |
| Filing 74 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 to Part 3 of MDL Daubert Docs) (Mize, Leslie) |
| Filing 73 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 to Part 2 MDL Daubert Docs) (Mize, Leslie) |
| Filing 72 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Exhibit Ex. 1 to Part 1 MDL Daubert Docs) (Mize, Leslie) |
| Filing 71 Notice of Appearance filed by Kimberly Wilson White on behalf of All Plaintiffs. (White, Kimberly) |
| Filing 70 Notice filed by C. R. Bard, Inc. . (Attachments: #1 Index, #2 Exhibit MDL Discovery Docs, #3 Exhibit MDL Master & Short Forms, #4 Exhibit MDL Misc Filings & Orders, #5 Exhibit MDL PTOs, #6 Exhibit MDL Transcripts of hearings) (Mize, Leslie) |
| Filing 69 Mail Returned as Undeliverable. Mail sent to Benjamin A. Bertram. (Sellers, N.) |
| TEXT ORDER Defendant's Consent Motion for Extension of Time #68 . For good cause shown, it is ordered that Defendant has up to and including January 15, 2020, within which to file the documents referenced in the Joint Designation of the Contents of the Record to be Remanded. Signed by Peter A. Moore, Jr., Clerk of Court on 1/9/2020. (Hockaday, A.) |
| Filing 68 Consent MOTION for Extension of Time to File filed by C. R. Bard, Inc.. (Attachments: #1 Text of Proposed Order) (Mize, Leslie) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #68 Consent MOTION for Extension of Time to File. (Sellers, N.) |
| Filing 67 Notice of Substitution of Counsel filed by Leslie Lane Mize on behalf of C. R. Bard, Inc. substituting for Richard B. North, Jr. and Melissa Foster Bird. (Mize, Leslie) |
| Motion Submitted to District Judge James C. Dever III regarding #47 MOTION by Wanda Wilson to Exclude Certain Opinions and Testimony of Defense Expert Matthew Clark, M.D., #49 MOTION by C. R. Bard, Inc. to Strike #44 CERTIFICATE OF SERVICE by Jimmy Wilson, Wanda Wilson for Supplemental Expert Report of Michael Thomas Margolis, M.D., #45 MOTION by C. R. Bard, Inc. for Summary Judgment, #51 MOTION by C. R. Bard, Inc. to Limit or Exclude Certain Opinions and Testimony of Michael T. Margolis, M.D. (Sellers, N.) |
| Filing 66 Notice to Parties regarding Transfer of Case to the Eastern District of North Carolina. Counsel should read the notice in its entirety for additional information. Sent to J. Scott Bertram and Blair Bertram Matyszczyk at Bertram & Graf LLC 2345 Grand Blvd Ste 1925 Kansas City, MO 64108 via US Mail. (Sellers, N.) |
| Filing 65 Mail Returned as Undeliverable. Mail sent to Blair Bertram Matyszczyk. (Sellers, N.) |
| Filing 64 Mail Returned as Undeliverable. Mail sent to J. Scott Bertram. (Sellers, N.) |
| Filing 63 Notice to Parties regarding Transfer of Case to the Eastern District of North Carolina. Counsel should read the notice in its entirety for additional information. (Rudd, D.) |
| Filing 62 Case transferred in from District of West Virginia Southern. Case Number 2:13-cv-32972. Transfer order and docket sheet obtained from transferring district. |
| Filing 61 DESIGNATION OF RECORD for MDL transfers re: 2:10-md-02187 - C. R. Bard, Inc. (Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
Filing 60
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 12/17/2019 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 12/16/2019 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 12/3/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2187; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 12/18/2019.]
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| Filing 59 REPLY by C. R. Bard, Inc. to #55 Memorandum In Opposition. (Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 58 REPLY by C. R. Bard, Inc. to #53 Memorandum In Opposition. (Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 57 REPLY by C. R. Bard, Inc. to #54 Memorandum In Opposition,. (Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 56 MEMORANDUM by C. R. Bard, Inc. in opposition to #47 MOTION by Wanda Wilson to Exclude Certain Opinions and Testimony of Defense Expert Matthew Clark, M.D.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 55 MEMORANDUM by Jimmy Wilson, Wanda Wilson in opposition to #51 MOTION by C. R. Bard, Inc. to Limit or Exclude Certain Opinions and Testimony of Michael T. Margolis, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Faes, Andrew) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 54 MEMORANDUM by Jimmy Wilson, Wanda Wilson in opposition to #49 MOTION by C. R. Bard, Inc. to Strike Supplemental Rule 26 Case Specific Expert Report of Michael Thomas Margolis, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Faes, Andrew) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 53 MEMORANDUM by Jimmy Wilson, Wanda Wilson in opposition to #45 MOTION by C. R. Bard, Inc. for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Faes, Andrew) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 52 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #51 MOTION by C. R. Bard, Inc. to Limit or Exclude Certain Opinions and Testimony of Michael T. Margolis, M.D. (Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 51 MOTION by C. R. Bard, Inc. to Limit or Exclude Certain Opinions and Testimony of Michael T. Margolis, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F-1, #7 Exhibit F-2, #8 Exhibit F-3, #9 Exhibit F-4, #10 Exhibit G)(Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 50 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #49 MOTION by C. R. Bard, Inc. to Strike #44 CERTIFICATE OF SERVICE by Jimmy Wilson, Wanda Wilson for Supplemental Expert Report of Michael Thomas Margolis, M.D. (Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 49 MOTION by C. R. Bard, Inc. to Strike #44 CERTIFICATE OF SERVICE by Jimmy Wilson, Wanda Wilson for Supplemental Expert Report of Michael Thomas Margolis, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 48 MEMORANDUM by Wanda Wilson in Support of #47 MOTION by Wanda Wilson to Exclude Certain Opinions and Testimony of Defense Expert Matthew Clark, M.D.. (Faes, Andrew) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 47 MOTION by Wanda Wilson to Exclude Certain Opinions and Testimony of Defense Expert Matthew Clark, M.D. (Attachments: #1 Exhibit A)(Faes, Andrew) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 46 MEMORANDUM OF LAW by C. R. Bard, Inc. in support of #45 MOTION by C. R. Bard, Inc. for Summary Judgment (Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 45 MOTION by C. R. Bard, Inc. for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 44 CERTIFICATE OF SERVICE by Jimmy Wilson, Wanda Wilson for Supplemental Expert Report of Michael Thomas Margolis, M.D. (Faes, Andrew) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 43 RESPONSES AND OBJECTIONS by Jimmy Wilson, Wanda Wilson in opposition to #41 NOTICE OF VIDEOTAPED DEPOSITION by C. R. Bard, Inc. of Michael Thomas Margolis, M.D. on August 3, 2019 at 7:00 PM PDT (Faes, Andrew) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 42 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Joseph P. Griffith on behalf of C. R. Bard, Inc.. (Griffith, Joseph) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 41 NOTICE OF VIDEOTAPED DEPOSITION by C. R. Bard, Inc. of Michael Thomas Margolis, M.D. on August 3, 2019 at 7:00 PM PDT (Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 40 AMENDED RESPONSES AND OBJECTIONS by C. R. Bard, Inc. re: #38 NOTICE TO TAKE TELEPHONIC DEPOSITION by Jimmy Wilson, Wanda Wilson of Dr. Matthew Clark on July 20, 2019 at 9:00 a.m. Pacific Time by C. R. Bard, Inc. (Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 39 RESPONSES and OBJECTIONS by C. R. Bard, Inc. re: #38 NOTICE TO TAKE TELEPHONIC DEPOSITION by Jimmy Wilson, Wanda Wilson of Dr. Matthew Clark on July 20, 2019 at 9:00 a.m. Pacific Time (Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 38 NOTICE TO TAKE TELEPHONIC DEPOSITION by Jimmy Wilson, Wanda Wilson of Dr. Matthew Clark on July 20, 2019 at 9:00 a.m. Pacific Time (Faes, Andrew) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 37 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Andrew N. Faes on behalf of Jimmy Wilson, Wanda Wilson. (Faes, Andrew) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 36 CERTIFICATE OF SERVICE by C. R. Bard, Inc. for Designation and Disclosure of Expert Witnesses and related Expert Reports. (Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 35 CERTIFICATE OF SERVICE by Jimmy Wilson, Wanda Wilson for Rule 26 Expert Disclosures and Accompanying Expert Report. (Matyszczyk, Blair) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 34 CERTIFICATE OF SERVICE by Jimmy Wilson, Wanda Wilson for Plaintiff Wanda Wilson's Objections and Answers to Defendant C.R. Bard, Inc.'s First Set of Interrogatories and First Set of Requests for Production of Documents. (Bertram, Benjamin) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 33 CERTIFICATE OF SERVICE by C. R. Bard, Inc. for Discovery Materials. (Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 32 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James Z. Foster on behalf of C. R. Bard, Inc.. (Foster, James) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 31 PLAINTIFF FACT SHEET filed by Jimmy Wilson, Wanda Wilson. (Bertram, Benjamin) [Transferred from West Virginia Southern on 12/18/2019.] |
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Filing 30
PRETRIAL ORDER # 299 (Docket Control Order - C. R. Bard Wave 9 Cases) The cases on Exhibit A are: 1. removed from the pending inactive docket; and 2. placed on the active docket. As to the cases on Exhibits A and B: 1. The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; 2. To the extent other defendants, in addition to C. R. Bard and Sofradim Production SAS, Tissue Science Laboratories and Covidien entities, are named in the cases on Exhibits A and B, the deadlines below also apply to them; 3. The Clerk will file this Docket Control Order in the main MDL and, as of the time of that filing in the main MDL, every case listed on Exhibits A and B (hereinafter referred to as Wave 9 cases) becomes subject to the deadlines in this Docket Control Order.; and 4. The following deadlines immediately apply in all Wave 9 cases with one important exception. If any of the cases on any exhibit were previously on a docket control order and dispositive and Daubert deadlines had passed before such cases became inactive, the parties may not file or refile dispositive or Daubert motions without first seeking leave of court for good cause shown. A. SCHEDULING DEADLINES.. The following deadlines shall apply in all Bard Wave 9 cases: Plaintiff Fact Sheets due 02/15/2019; Defendant Fact Sheets due 02/22/2019; Deadline for written discovery requests due 03/25/2019; Expert disclosures served by plaintiffs due 05/24/2019; Expert disclosure served by defendants due 06/24/2019; Expert disclosure served for rebuttal due 07/01/2019; Deposition deadline and close of discovery due 08/01/2019; Filing of dispositive motions due 08/14/2019; Response to dispositive motions due 08/28/2019; Reply to response to dispositive motions due 09/04/2019; Filing of Daubert motions due 08/14/2019; Responses to Daubert motions due 08/29/2019; Reply to response to Daubert motions due 09/05/2019. B. MOTION PRACTICE. 3. Confidential Documents. Any consolidated motion to seal is due on or before 6/27/2019, and any response is due by 7/11/2019. Any reply is due by 7/18/2019. The court expects full compliance with Local Rule of Civil Procedure 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1. Venue Recommendations. By no later than 7/8/2019, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 7/15/2019. Signed by Judge Joseph R. Goodwin on 2/4/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2187; Bard Wave 9 cases identified on Exhibits A and B) (kab) (ADI) [Transferred from West Virginia Southern on 12/18/2019.]
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Filing 29
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2187 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2187 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Cases on inactive docket) (kab) (ADI) [Transferred from West Virginia Southern on 12/18/2019.]
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Filing 28
ORDER (CHANGE TO CHARACTERIZATION BY CLERK'S OFFICE OF CASES ON INACTIVE DOCKET) It is directed that in all cases with an inactive docket order which resulted in "Closed" and "MDL Bard Inactive" flags on the docket sheet, the Clerk is directed to update the docket by removing the "Closed" flag from the docket sheet and leaving the "MDL Bard Inactive" flag, for reasons set forth herein. Signed by Judge Joseph R. Goodwin on 4/26/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Member Cases Flagged "Closed" and "MDL Bard Inactive") (mek) (ADI) [Transferred from West Virginia Southern on 12/18/2019.]
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Filing 27
ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2187 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2187 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 3/16/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2187; Cases on inactive docket). (mek) (ADI) [Transferred from West Virginia Southern on 12/18/2019.]
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Filing 26
INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and C. R. Bard have reached a settlement with regard to Bard. All discovery deadlines are continued until further order of the court. The Clerk is directed to retire this case from the active docket. Plaintiff(s) and Bard may submit an agreed order of dismissal with prejudice on or before 3/31/2018; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 4851 in MDL Case No. 2187 Bard. Signed by Judge Joseph R. Goodwin on 11/30/2017. (cc: attys; any unrepresented party) (rec) [Transferred from West Virginia Southern on 12/18/2019.]
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Filing 25
PRETRIAL ORDER #263 (Sixth Amended Docket Control Order - Wave 4 Cases, Third Amended Docket Control Order - Wave 5 Cases) On 9/8/2017, a Stipulation and Order to Extend Deadlines in Wave 4 and 5 Cases was entered in MDL 2187. This Docket Control Order does not change any of the deadlines stipulated in the Order, but rather allows those deadlines to be made public as a docket control order on the courts website and to be filed in the designated Wave 4 and Wave 5 cases. The following remaining deadlines shall apply in the Bard Wave 4 and Wave 5 cases: A. Scheduling Deadlines Wave 4. The following deadlines shall apply in the Bard Wave 4 cases. All other deadlines and requirements as set forth in Pretrial Order No. 261 remain in effect for Bard Wave 4 cases: Filing of Dispositive Motions due by 9/21/2017, Response to Dispositive Motions due by 10/05/2017, Reply to Response to Dispositive Motions due by 10/12/2017, Filing of Daubert Motions due by 9/28/2017, Responses to Daubert Motions due by 10/12/2017, and Reply to Response to Daubert Motions due by 10/19/2017. B. Scheduling Deadlines Wave 5. The following deadlines shall apply in the Bard Wave 5 cases. All other deadlines and requirements as set forth in Pretrial Order No. 262 remain in effect for Bard Wave 5 cases: Filing of Dispositive Motions due by 9/22/2017, Response to Dispositive Motions due by 10/06/2017, Reply to Response to Dispositive Motions due by 10/13/2017, Filing of Daubert Motions due by 9/29/2017, Responses to Daubert Motions due by 10/13/2017, and Reply to Response to Daubert Motions due by 10/20/2017. Signed by Judge Joseph R. Goodwin on 9/20/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2187; Wave 4 and 5 Cases) (kab) [Transferred from West Virginia Southern on 12/18/2019.]
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Filing 24
PRETRIAL ORDER # 261 (Fifth Amended Docket Control Order Wave 4 Cases) This Docket Control Order does not change any of the stipulated deadlines contained in the Order filed at ECF No. 4460 in MDL 2187, but rather allows the deadlines to show as a docket control order on the court's website and to be filed in the designated Wave 4 cases. The following remaining deadlines shall apply in the Bard Wave 4 cases: Deposition deadline and close of discovery including corporate discovery due by 08/11/2017, filing of Dispositive Motions due by 09/11/2017, response to Dispositive Motions due by 09/25/2017, reply to response to dispositive motions due by 10/02//2017, filing of Daubert motions due by 09/18/2017, responses to Daubert motions due by 10/02//2017, and reply to response to Daubert motions due by 10/09/2017. Confidential Documents: In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: A consolidated motion to seal is due on or before 7/14/2017, any response is due 7/26/2017 and any reply is due 8/2/2017. Venue Recommendations: By no later than 8/11/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall file joint venue recommendations in MDL 2187 by 8/21/2017. Signed by Judge Joseph R. Goodwin on 9/1/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2187; Wave 4 Cases) (cl) [Transferred from West Virginia Southern on 12/18/2019.]
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Filing 23
PRETRIAL ORDER # 259 (Fourth Amended Docket Control Order - Wave 4 Cases) denying as moot Motion for Extension of Time to Complete Discovery filed in MDL 2187. The Motion for Extension of Time to Complete Discovery filed in MDL 2187 is GRANTED in part as to the proposed changes in the remaining deadlines for Wave 4 and regarding the sixteen experts whose depositions the parties anticipate completing in August. The Amended Motion is DENIED as to Dr. Ostergard. The court is unwilling to provide an open-ended extension for Dr. Ostergard and expects the parties to complete Dr. Ostergard's deposition in August or seek leave of court if that cannot be accomplished. Scheduling Deadlines. The following deadlines apply in the Bard Wave 4 cases: Deposition deadline and close of discovery including corporate discovery due by 8/11/2017, Filing of Dispositive Motions due by 8/30/2017, Response to Dispositive Motions due by 9/13/2017, Reply to response to dispositive motions due by 9/20/2017, Filing of Daubert motions due by 9/06/2017, Responses to Daubert motions due by 9/20/2017, Reply to response to Daubert motions due by 9/27/2017. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: A consolidated motion to seal is due on or before 7/14/2017, any response is due 7/26/2017 and any reply is due 8/02/2017. Venue Recommendations. By no later than 8/11/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall file joint venue recommendations in MDL 2187 by 8/21/2017. Signed by Judge Joseph R. Goodwin on 7/13/2017. (cc: Clerk of the JPMDL; attys) (REF: ALL CASES) (mmw) [Transferred from West Virginia Southern on 12/18/2019.]
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| Filing 22 NOTICE OF WITHDRAWAL by C. R. Bard, Inc. of #20 Notice of Videotaped Deposition of Michael T. Margolis, M.D. and #21 Amended Notice of Videotaped Deposition of Michael T. Margolis, M.D. (Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 21 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by C. R. Bard, Inc. of Michael T. Margolis, M.D. on August 26, 2017 at 9:00 a.m. PST (Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 20 NOTICE OF VIDEOTAPED DEPOSITION by C. R. Bard, Inc. of Michael T. Margolis, M.D. on July 3, 2017 at 9:00 a.m. PST (Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 19 PLAINTIFF FACT SHEET filed by Jimmy Wilson, Wanda Wilson. (Matyszczyk, Blair) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 18 PLAINTIFF PROFILE FORM filed by Jimmy Wilson, Wanda Wilson. (Matyszczyk, Blair) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 17 AMENDED RULE 45 NOTICE OF SUBPOENA AD TESTIFICANDUM AND DUCES TECUM by C. R. Bard, Inc. (Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 16 CERTIFICATE OF SERVICE by Jimmy Wilson, Wanda Wilson for Rule 26 Expert Disclosures and Accompanying Expert Report. (Matyszczyk, Blair) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 15 RULE 45 NOTICE OF SUBPOENA AD TESTIFICANDUM AND DUCES TECUM by C. R. Bard, Inc. (Cohen, Lori) (Modified on 5/8/2017 to remove and replace incorrect image) (kp). [Transferred from West Virginia Southern on 12/18/2019.] |
| NOTICE OF DOCKET CORRECTION re: #15 Rule 45 Notice of Subpoena. ERROR: Incorrect image attached. CORRECTION: Incorrect image removed and replaced with correct image. (kp) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Alena M. Markley on behalf of C. R. Bard, Inc.. (Markley, Alena) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 13 NOTICE OF DEPOSITION by C. R. Bard, Inc. of Wanda Wilson on April 20, 2017 at 9:00 a.m. (Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 12 NOTICE OF DEPOSITION by C. R. Bard, Inc. of Jimmy Wilson on April 20, 2017 at 1:00 p.m. (Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
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Filing 11
PRETRIAL ORDER # 243 (Third Amended Docket Control Order - Wave 4 Cases) clarifying case number 2:14-cv-06478 on Exhibit A of Pretrial Order # 236 - the plaintiff in that case, Pamela Wright, is incorrectly referred to on Exhibit A as "Brenda Wright" (another Bard MDL plaintiff, civil action number 2:13-cv-25002); the case of Pamela Wright, et al. v. C. R. Bard, Inc., 2:14-cv-06478, is a Bard Wave 4 case; the case of Brenda Wright, et al., v. C. R. Bard, Inc., et al., 2:13-cv-25002, is not. Signed by Judge Joseph R. Goodwin on 3/3/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2187; Wave 4 cases) (mmw) [Transferred from West Virginia Southern on 12/18/2019.]
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| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Sean P. Jessee on behalf of C. R. Bard, Inc.. (Jessee, Sean) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Sara Deskins Tucker on behalf of C. R. Bard, Inc.. (Tucker, Sara) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Marcella Coladangelo Ducca on behalf of C. R. Bard, Inc.. (Ducca, Marcella) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lori G. Cohen on behalf of C. R. Bard, Inc.. (Cohen, Lori) [Transferred from West Virginia Southern on 12/18/2019.] |
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Filing 6
PRETRIAL ORDER # 236 (Docket Control Order Wave 4 Cases) The cases, attached as Exhibit A, will be known as the Bard Wave 4 cases, and the following deadlines apply: Scheduling Deadlines: Plaintiff Fact Sheets due by 02/27/2017, Defendant Fact Sheets due by 03/27/2017, Deadline for written discovery requests due by 05/29/2017, Expert disclosure by plaintiffs due by 05/12/2017, Expert disclosure by defendants due by 06/12/2017, Expert disclosure for rebuttal purposes due by 06/27/2017, Deposition deadline and close of discovery including corporate discovery due by 07/11/2017, Filing of Dispositive Motions due by 07/31/2017, Response to Dispositive Motions due by 08/14/2017, Reply to response to dispositive motions due by 08/21/2017, Filing of Daubert motions due by 08/08/2017; Responses to Daubert motions due by 08/22/2017, and Reply to response to Daubert motions due by 08/29/2017. Confidential Documents: In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the courts attention in a consolidated manner as follows: A consolidated motion to seal is due on or before 06/15/2017, any response is due 06/29/2017 and any reply is due 07/6/2017.Venue Recommendations: The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 05/12/2017 and the parties shall file joint venue recommendations in MDL 2187 05/22/2017. Signed by Judge Joseph R. Goodwin on 1/27/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2187; Bard Wave 4 Cases) (mek) [Transferred from West Virginia Southern on 12/18/2019.]
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| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Melissa Foster Bird on behalf of C. R. Bard, Inc.. (Bird, Melissa) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 100 (Plaintiffs Emergency Motion for Protective Order and/or Motion to Quash Subpoena for Deposition of Chevron Phillips Chemical Company) entered on 01/06/2014 in MDL 2187 to attorneys in member case. (cbo) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 2 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 1/3/2014. C. R. Bard, Inc. waiver mailed on 12/26/2013, answer due 2/24/2014. (North, Richard) [Transferred from West Virginia Southern on 12/18/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2858685. (Attachments: #1 Civil Cover Sheet, #2 Notice of Service Under Delayed Filing Agreement) (jws) [Transferred from West Virginia Southern on 12/18/2019.] |
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